Bhuvan Pandey vs The State Of Madhya Pradesh
2023 Latest Caselaw 18992 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 4237 of 2023
                                             (BHUVAN PANDEY Vs THE STATE OF MADHYA PRADESH)

                          Dated : 08-11-2023
                                Shri Pushpendra Dubey - Advocate for appellant.

                                Shri Shailendra Mishra - Panel Lawyer for respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A. No.6682/2023 this is first application for suspension

of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant-Bhuvan Pandey.

The appellant has been convicted vide judgment dated 15/03/2023 passed by Special Judge (NDPS ACT, 1985), Betul in Special NDPS Case No. 1/2018 and appellant has been convicted for offence punishable under Section 8 read with Section 20(b)(ii)(B) of NDPS Act and sentenced to undergo RI for 2 years and to pay fine of Rs.10,000/- with usual default stipulations.

Learned counsel for the appellant submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed

grave error in convicting the appellant for aforesaid offence. Appellant has already suffered more than 9 months custodial sentence. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellant may turn infructuous. Under these circumstances, learned counsel for appellant prays for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal.

O n the other hand, learned Panel Lawyer has opposed the contention Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 08-Nov-23 4:36:29 PM

rais ed by learned counsel for appellant and prays for rejection of said application.

Looking to the aforesaid facts and circumstances of the case coupled with the fact that appellant has already suffered more than 9 months custodial sentence according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant - Bhuvan Pandey shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing entire fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with

one surety in like amount to the satisfaction of the trial Court for securing his presence appearance before the trial Court on 22/12/2023 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the appeal for final hearing in due course .

(ROOPESH CHANDRA VARSHNEY) JUDGE

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Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 08-Nov-23 4:36:29 PM